Category Archives: Elder Law

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  WHEN DO I NEED A CONSERVATORSHIP?

  • April 11th, 2022
  • Elder Law, Estate Planning, Mental Health

  In South Carolina the following may require conservatorships: minors who received settlement funds, insurance funds, or other inheritances; developmentally disabled persons; and adult persons who did not set up an estate plan, and due to age, injury or circumstances have lost mental capacity to make financial decisions concerning their care.             Since so...

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  Special Needs Trusts For A Disabled Spouse

  • March 20th, 2017
  • Elder Law

  If your spouse is disabled and has qualified to receive Supplemental Security Income (SSI) and/or Medicaid benefits, you will need to carefully consider how to provide your Spouse with an inheritance, or else those benefits be endangered. The resource and income limits required in order to qualify for SSI and Medicaid are very low. A poorly planned inheritance to your Spouse can result in disqualification from these vit...

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  Medicaid Update: Special Needs Trusts

  • December 14th, 2016
  • Elder Law

  Medicaid Special Needs Trusts have just received needed legislative attention from the United States Congress and President of the United States. HR 34 was signed into law by President Obama on December 13, 2016. Title 5, Section 5007 of HR 34 is entitled “Fairness In Medicaid Supplemental Needs Trusts” and contains exactly two sentences designed to correct a 23 year old omission made in the Social Security Act. ...

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  The ABLE ACT – Achieving a Better Life Experience

  • October 17th, 2016
  • Elder Law

  The Stephen Beck, Jr. ABLE Act (Achieving a Better Life Experience) was conceived and championed by Stephen Beck, Jr., a Virginia father of a daughter with Down’s Syndrome, who thought up a new way to allow disabled people to save money without impacting their qualification for Medicaid and SSI benefits. The Act was signed into law by President Obama on December 19, 2014. This Act’s purpose is to provide a new accou...

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